DAWSON v YUCUS (Ill. App. 1968),: Main point – intent of the testator ignored as the court follows a very mechanical approach.

a.    Facts – the testator’s expressed intent was that some land should go back to husband’s side of the family, declaring “One-half of my interest therein to Stewart Wilson, a nephew, and one-half of my interest to Gene Burtle, nephew.”  Gene predeceased the testator, who died w/o issue.

b.    Held – this was not a gift to a class and the devise to Gene lapsed and passed under the residuary clause of the will.

c.    Rationale – specification of an exact proportion to be received by each beneficiary, naming them individually, and the fact that the “class” characteristics were shared by other individuals all indicate an intent to make a gift to individuals.